san francisco superior court law and motion

) CCP 1292.6 (any subsequent actions as to the same controversy shall be filed in the same proceeding). ) Therefore, Plaintiffs request for $1,500 in sanctions is appropriate and GRANTED. ) Petitioner was aware of the existence of this case as early as July 29, 2021, and very likely before, as it was a petition to compel the arbitration at issue here. 10 Respondent ) Presiding: DANIEL FLORES The Court therefore entered issue sanctions and evidence sanctions. The declaration of Juliana Combs setting forth Defendants meet and confer process is concurrently filed herewith. (Amended Memorandum of Points and Authorities in Support of Demurrer (MP&A) p. Choosing the right courtroom and courthouse for any case, including a petition for writ of administrative mandamus, can be critical to the success of the petition. 8 VS. ) Hearing Time: 9:00 AM Petitioner Just-In Time, Inc. (Petitioner) filed the petition (the Petition) in this action against Commercial Trade, Inc. (Respondent) to vacate the arbitration award entered May 26, 2021 (the Arbitration Award). Commodore Home Systems, Inc. v. Sup. Lebowitz Dec. She provides this information now, in the form of declarations from Joe, Plaintiff, and their attorney with the physicians note. ) 8 VS. ) Hearing Time: 9:00 AM (Laird) obtained medical history and information from Plaintiff, learned of the various symptoms, and took his blood pressure, but then told Plaintiff merely to go home, relax, and eat some food without conducting any further test or examination. Print | E-mail A motion to strike may attack any irrelevant, false, or improper matter in any pleading, or to strike a pleading that is not drawn or filed in conformity with the laws of this state. (CCP 436.) ) On January 6, 2023, Plaintiff filed an opposition. If you wish to keep the information in your envelope between pages, Defendant moves the court to compel Kaiser and Winer to produce Joes subpoenaed medical records. 5:26.). 8 VS. ) Hearing Time: 9:00 AM All cases that are assigned to a civil direct calendar department receive a Notice of Assignment. 9 TONYA ELLESTON, ) Department: 404 DEPARTMENT 22 TENTATIVE RULINGS FOR NON-COMPLEX CASE S. 11 ) SFPKOA filed the instant motion on November 4, 2022. Untimely responses to discovery requests waive all objections. 11 ) ) CCP 2030.290, 2031.300, 2033.280. Please note that law and motion matters are heard by appointment ONLY in all civil IC departments as per Local Rule 2.1.19. ) The court may construe the absence of a memorandum as an admission that the motion or special demurrer is not meritorious and cause for its denial and, in the case of a demurrer, as a waiver of all grounds not supported. CCP sections 1985.3(g), 1985.6(f)(4). ) 6 EMMA L GONZALEZ, ) Case Number: FLD-16-396370 5 5 8H-8, Enforcing Demand: 8:1484, 8:1487; contra CCP 2031.310 (b-c) (a motion to compel further shall set forth good cause for the demand and shall be filed within 45 days of service of the unsatisfactory response). 8 VS. ) Hearing Time: 9:00 AM 11 Respondent ) Presiding: DANIEL FLORES These may include: Whether there was any previous continuance, extension of time, or delay of trial due to any party; The availability . 12 REQUEST FOR ORDER FOR CHANGE OF CHA 2 COUNTY OF SAN FRANCISCO ) 11 ) ) 6 HONG WEI XU, ) Case Number: FDI-22-796610 Plaintiff Cliff R. Russell (Plaintiff) filed the presently operative first amended complaint (FAC) against defendant Robert J. Russell, trustee of the Robert John Russell Trust (Defendant). 11 ) Plaintiffs David Pelayo, Roberto Hernandez, Edmond Andre, Bryan Munoz and Brian Medeiros (Plaintiffs), filed the complaint in this action against Utility Partners of America, LLC (UPA or Defendant) arising out of alleged violations of employment law (the Complaint). Time of Hearing. 11 ) However, this tentative ruling information is usually taken down from the court's website after several days or weeks. 5 ) ) 12 OTHER REVIEW HEARING (Subd (l) relettered effective January 1, 2008; adopted as subd (h) effective July 1, 1997; relettered as subd (i) effective July 1, 2000; previously amended effective January 1, 2003; previously amended and relettered as subd (k) effective January 1, 2004, and as subd (m) effective January 1, 2007.). Ibid. Service to the other party or their lawyer may be done either by mail or in person. Family Law handles domestic relations cases including dissolutions, separations, nullity, domestic violence prevention, paternity actions, child custody, child support, visitation arrangements, spousal support, family support and adoptions. 7 Petitioner ) Hearing Date: December 27, 2022 8 VS. ) Hearing Time: 9:00 AM 8 VS. ) Hearing Time: 9:00 AM ) Attn: Appellate Court Services. 10 Respondent ) Presiding: DANIEL FLORES 9 KEVIN OMAR LASTRE, ) Department: 403 Based on the foregoing, Plaintiffs motion is MOOT. 12 REQUEST FOR ORDER FOR CHANGE OF VIS 2 COUNTY OF SAN FRANCISCO 11 ) ) Dept22@sanmateocourt.org. Pursuant to California Rules of Court 10.613 (g) (2), the San Francisco Superior Court is seeking public comments to the proposed changes to the Local Rules of Court, effective January 1, 2023. Courtroom I. ) ) ) 10 Respondent ) Presiding: MARIA EVANGELISTA ) **. 13 REQUEST FOR ORDER FOR CHANGE OF CHAN 2 COUNTY OF SAN FRANCISCO 10 Respondent ) Presiding: DANIEL FLORES 3 UNIFIED FAMILY COURT Retired President of the San Francisco Law Library Board of Trustees October 20, 1924-November 5, 2022. Department 425 ) ) 12 RECEIPT OF TIER II REPORT, SUMMER/HOLIDAY 2 COUNTY OF SAN FRANCISCO The court decides these applications without a hearing. 8 VS. ) Hearing Time: 9:00 AM 10 Respondent ) Presiding: MARJORIE SLABACH The purpose of monetary sanctions is to mitigate the effects of the necessity of discovery motions and responses on the prevailing party. 8 VS. ) Hearing Time: 9:00 AM 12 REQUEST FOR ORDER OF REQUEST FOR ORDER 2 COUNTY OF SAN FRANCISCO Co. v. Industrial Acci. (CCP 452; Schifando v. City of Los Angeles (2003) 31 Cal.4th 1074, 1081. 9 JACQUEZ BURNS, ) Department: 403 The Court heard the Plaintiffs motion for further responses on September 3, 2021. 7 Petitioner ) Hearing Date: January 5, 2023 6 JAMES MALCOLMSON, ) Case Number: FDI-20-794078 8 VS. ) Hearing Time: 9:00 AM 8 VS. ) Hearing Time: 9:00 AM Departments 403/404 will continue to post tentative rulings scheduling mediations and hearing dates pursuant to San Francisco County Superior Court Local Rule 11.7(D)(3) and . 11 ) 11 ) ) ) ) 8 VS. ) Hearing Time: 9:00 AM Plaintiff alleges he suffered from extreme emotional distress and that defendants intentionally caused such distress by refusing to properly administer tests, instead, repeatedly asking him about drug use, telling him to go home and learn to relax and meditate, and advising him to eat something to get rid of his stroke-related headache. (Complaint, 76.) ) Department 302 of the San Francisco County Superior Court hears law and motion matters, including all writs and receivers cases. Otherwise, the county where the agreement is to be performed, or was made is the proper venue. 10 Respondent ) Presiding: MARIA EVANGELISTA Plaintiff shall inform the preparing counsel of objections as to form, if any, or whether the form of order is approved, within five days of receipt of the proposed order. ) 7 Petitioner ) Hearing Date: January 10, 2023 (CCP 437.) ) Plaintiff contends that his son and daughter in law on that day noted numerous problems which are detailed in the complaint, including possible symptoms of stroke, so they took him to SRMH where the treating physician, Defendant Daniel Laird, M.D. 10 Respondent ) Presiding: MARIA EVANGELISTA ) The matter went unresolved and Plaintiff filed a motion to compel further responses on June 30, 2021. 5 908.) 3 UNIFIED FAMILY COURT Writs of Administrative Mandamus in Other Superior Courts. 8 VS. ) Hearing Time: 9:00 AM ) ) Accordingly, the court DENIES the motion on this basis as to the request to strike irrelevant references to careless, reckless, wanton, unlawful, offensive, and grossly negligent conduct, or, indeed, anything other than the request for attorneys fees and costs. 5 ) He claims that Defendants negligently or intentionally disregarded signs of a stroke or other serious problem, either due to negligence or intentionally in order to avoid further treating Plaintiff because he was a recipient of Medi-Cal. However, this tentative ruling information is usually taken down from the court's website after several days or weeks. 9 VICTOR MANUEL PONCE REDONDO, ) Department: 403 As such, any venue determinations are properly derived under that section of the CCP. 9 EVGENY FOUKSMAN, ) Department: 403 ), Demurrer for failure to state facts sufficient to constitute a cause of action is a general demurrer, which must fail if there is any valid cause of action. 3 UNIFIED FAMILY COURT ) ) 12 REQUEST FOR ORDER RE: DETERMINATION OF PREVAILIN 2 COUNTY OF SAN FRANCISCO 11 ) ) 12 ATTORNEY'S FEES AND REVIEW OF DISSOULITION 2 COUNTY OF SAN FRANCISCO It is first worth noting that Defendants memorandum of points and authorities requests to strike surplusage from multiple paragraphs, but this request is not enumerated as required under California Rule of Court, Rule 3.1322. 6 CESAR ALDERERETE, ) Case Number: FLD-22-396959 3 UNIFIED FAMILY COURT ) After submission of the order, the Court will sign the Amended Judgment. 11 ) (415) 551-5910, Court Supervisor - Office Staff ) Motions In every case, to present a motion to the court, a party must: 7 Petitioner ) Hearing Date: January 10, 2023 Attorneys will NOT advise clients on the laws of any State or any State law legal matters (with the exception of California). Department 406 California Code of Civil Procedure Sections 1005 and 1010 et seq. 5 Superior Court of California - San Joaquin Civil Department 180 E Weber Ave., Suite 200 Stockton, CA 95202. Central Court, 800 North Humboldt, San Mateo. 6 JENNIFER HSIN-SHENG CHANG, ) Case Number: FDI-20-794060 ) ) ) ) CCP 2031.240(c)(1). 10 Respondent ) Presiding: MARIA EVANGELISTA When a party contends that an action has been brought in the wrong court, i.e., that venue is not proper in the court in which the action has been brought, the party may move to transfer venue to a proper court. 8 VS. ) Hearing Time: 9:00 AM 9 ZHEFEI HERBIE FU, ) Department: 403 Legal advertisement. ) ) 10 Respondent ) Presiding: MARIA EVANGELISTA ) 5 There is no requirement to meet and confer prior to filing a motion to compel where there has been no response to discovery requests. ) 10 Respondent ) Presiding: DANIEL FLORES 12 ORDER OF EXAMINATION ISSUED The motion is largely, and fatally, defective in presenting the portions of the complaint which SRMH asks the court to strike. ) 10 Respondent ) Presiding: DANIEL FLORES Rule 3.1113 amended effective January 1, 2017; adopted as rule 313 effective January 1, 1984; previously amended and renumbered as rule 3.1113 effective January 1, 2007; previously amended effective July 1, 1984, January 1, 1992, July 1, 1997, July 1, 2000, January 1, 2003, January 1, 2004, January 1, 2008, July 1, 2011, and January 1, 2016. ) Plaintiffs have not shown argued or indicated that the objections present in the current motion are new, or were not asserted in the original discovery responses. ) 6 ULIANA POPOV, ) Case Number: FDI-20-793286 6 CHRISTINA NGUYEN SOOHOO, ) Case Number: FDI-22-796897 11 ) ) 12 REQUEST FOR ORDER DISSOLUTION OF MARRIAGE ONL 2 COUNTY OF SAN FRANCISCO 3 UNIFIED FAMILY COURT ) 12 ) CCP 396b(a), 397(a). A plaintiff may not in the original complaint request punitive damages in an action for damages arising out of the professional negligence of a health care provider, and must move the court for leave to amend to include such a request based on a substantial probability that the plaintiff will prevail on the claim pursuant to Section 3294 of the Civil Code. (CCP 425.13.) ) ) CCP 2031.300(c) & 2033.280(c). 8 VS. ) Hearing Time: 9:00 AM Defendant is not named as an individual in the FAC, he is only named in his capacity as a trustee. ) 5 6 SUNGHEE PARK CHUNG, ) Case Number: FDI-10-772628 ) 12 REQUEST FOR ORDER FOR CHANGE OF CHILD CU 2 COUNTY OF SAN FRANCISCO 7 Petitioner ) Hearing Date: January 3, 2023 ) 10 Respondent ) Presiding: MARIA EVANGELISTA Plaintiffs request for sanctions is GRANTED. The actions undertaken by Ms. Smith are clearly below the standard of care, and SFPKOA make no efforts to argue the contrary. 8 VS. ) Hearing Time: 9:00 AM 11 ) ) (See Saunders, supra, 224 Cal.App.3d at p. 6 ADRIAN DOLLARD, ) Case Number: FDI-20-793581 ) ) Zamora v. Clayborn Contracting Group, Inc.(2002) 28 Cal.4th 249, 258. 6 STEPHEN WAHL, ) Case Number: FDI-18-789406 10 Respondent ) Presiding: DANIEL FLORES 12 REQUEST FOR ORDER OF CHILD CUSTODY 2 COUNTY OF SAN FRANCISCO G. Seventh, Eighth, and Tenth Causes of Action - Wage Loss, Loss of Earning Capacity, and Possible Diminution of Life Span, SRMH asserts the causes of action for Wage Loss, Loss of Earning Capacity, and Possible Diminution of Life Span should fail because they are not causes of action but rather damages. 3 UNIFIED FAMILY COURT Effective December 4, 2020, reservations for most Civil Independent Calendar Department motions may be made using the Courts Reserve a Motion Date application which can be accessed by clicking here or the link on the Courts homepage under Online Services.To schedule a hearing, call the numbers listed below. ) CCP 2031.210(a). (MP&A pp. 13 TENTATIVE RULING Court Clerk ) 9 JOSE A MARTINEZ, ) Department: 403 7 Petitioner ) Hearing Date: January 3, 2023 ) 10 Respondent ) Presiding: DANIEL FLORES It is within the Courts discretion to consider late filings. ) 6 DANIELLE SCHMID-MAYBACH, ) Case Number: FDI-22-796538 10 Respondent ) Presiding: MARIA EVANGELISTA Mission Imports, Inc. v. Sup. 8 VS. ) Hearing Time: 9:00 AM In the context of original replies, timely unverified responses containing both objections and answers may serve to maintain objections. ) 9 JOSE LUIS MARTINEZ, ) Department: 404 This is without prejudice to Defendant seeking some additional medical information should it demonstrate a specific, particularized need as explained below. Room 402 (415) 551-3900, 8:30 a.m. - 12:30p.m. Monday - Friday (excluding Court holidays), 2023 Superior Court of California - County of San Francisco, Caf at Civic Center Courthouse - Starchef, Information Regarding Coronavirus and Court Operations, Family Law Facilitator/Family Law Self-Help Center, California Courts Self-Help/Divorce or Separation. 9 LUCY GUEVARA, ) Department: 403 4 UNIFIED FAMILY COURT ) 8 VS. ) Hearing Time: 9:00 AM 9 TIMOTHY HEFFERNAN, ) Department: 403 10 Respondent ) Presiding: MARIA EVANGELISTA ) 10 Respondent ) Presiding: DANIEL FLORES 5 12 REQUEST FOR ORDER RE: ATTORNEY FEES 2 COUNTY OF SAN FRANCISCO 7 Petitioner ) Hearing Date: January 5, 2023 9 LORENA HERNANDEZ, ) Department: 403 However, the assertion that Doctor Laird is an independent contractor is not a fact that is apparent based on the face of the pleading or that has been judicial noticed by this court. ) 3 UNIFIED FAMILY COURT However, falsity, must be demonstrated by reference to the pleading itself of judicially noticeable matters, not extraneous facts. ) In every case, to present a motion to the court, a party must: A party must give notice of the hearing as required by law. 511 Law & Motion Schedule: Monday and Tuesday at 9:30 a.m. Wednesdays at 1:30 p.m. ) ) 6 JOHN FRANCIS DYNIA, ) Case Number: FDI-20-794180 ) 7 Petitioner ) Hearing Date: January 12, 2023 ) ) 5 ) 12 REQUEST FOR ORDER RE: CHANGE OF CHILD SUPPORT 2 COUNTY OF SAN FRANCISCO Reputation. 6 PHILLIP ELLESTON, ) Case Number: FDI-12-777999 Civil Law & Motion Tentative Rulings Effective January 1, 2021, San Mateo Superior Court is a direct calendar court for all Civil Matters. ) 3 UNIFIED FAMILY COURT See Zamora v. Clayborn Contracting Group, Inc.(2002) 28 Cal.4th 249, 258 (actions falling below the professional standard of care is not excusable neglect as defined under CCP 473(b)). 6 ) Your recipients will receive an email with this envelope shortly and 10 Respondent ) Presiding: DANIEL FLORES 9 VS. ) Hearing Time: 9:00 AM 8 VS. ) Hearing Time: 9:00 AM ) 12 REQUEST FOR ORDER OF CHILD CUSTODY, 2 COUNTY OF SAN FRANCISCO 11 ) Quick Links ) 11 ) The court notes the opposition is untimely and does not make any such argument related to the substance of this motion. 12 REQUEST FOR ORDER RE: RESPONDENT TO ENROLL PETIT 2 COUNTY OF SAN FRANCISCO 5 6 JIAWEI TAN, ) Case Number: FDI-21-795548 6 CHRISTOPHER BROWN, ) Case Number: FLD-22-396948 Defendant alleges, and the filings show, that the default was entered as to Defendant both as an individual, and Trustee. CourtCall is not permitted for this calendar. 6 CHRISTOPHER JAMES RIVERS, ) Case Number: FMS-17-387056 7 Petitioner ) Hearing Date: January 5, 2023 6 JACQUELINE M SCHLIFKE, ) Case Number: FDI-15-783643 11 ) 3 UNIFIED FAMILY COURT ) A judge may require that a copy of that case must be lodged. ) ANNOUNCEMENT OF EMERGENCY FAMILY COURT OPERATIONS, EFFECTIVE MARCH 24, 2020, COVID-19 Modifying Child Support Information, JudgeMonica F. Wiley, Supervising Judge ) 11 ) 12 REQUEST FOR ORDER RE: RECONSIDERATION OF 1 2 COUNTY OF SAN FRANCISCO It is worth noting that Defendants reply asserting this point was also late, filed only four court days prior to hearing. The motion was rejected by San Francisco Superior Court Judge Richard Ulmer on December 30, 2022. 12 REQUEST FOR ORDER FOR CHANGE OF CHI 2 COUNTY OF SAN FRANCISCO TEMPORARY Virtual Hearing Links During Microsoft Teams Outage https://www.sdcourt.ca.gov/virtualhearings. ) 5 This matter is on calendar for the motion by Respondent to change venue to Fresno County pursuant to CCP 396b(a) and 1292.2. 11 ) ) 8 VS. ) Hearing Time: 9:00 AM The California Rules of Court state how to prepare and when to file documents. Com. ) Food 4 Less Supermarkets, Inc. v. Superior Court(1995) 40 Cal.App.4th 651, 657. Defaults: (415) 551-5921 or (415) 551-5969. Jerry's Shell v. Equilon Enterprises, LLC(2005) 134 Cal.App.4th 1058, 1073. ) ) ) 8 VS. ) Hearing Time: 9:00 AM ) 8 VS. ) Hearing Time: 9:00 AM Defendant moves the Court to set aside his default. 3 UNIFIED FAMILY COURT ) 5 8 VS. ) Hearing Time: 9:00 AM A memorandum that exceeds 10 pages must include a table of contents and a table of authorities. ) C. Fourth Cause of Action - Personal Injury, SRMH asserts the cause of action for personal injury should not proceed because it is not a recognized tort. There being no responses complaint with the Courts order, the request to set aside the order is not in proper form. ) 8 VS. ) Hearing Time: 9:00 AM ) 10 Respondent ) Presiding: MARIA EVANGELISTA Law and motion and ex parte applications in all other cases, including unlawful detainers, are heard in Department 511. ) 2 COUNTY OF SAN FRANCISCO 3 UNIFIED FAMILY COURT 5 ) ) ) Consequently, Trellis makes the information and legal analyses contained in San Francisco County County tentative rulings searchable for attorneys, parties, and the public. 9 BOHDANNA M KESALA, ) Department: 403 7 Petitioner ) Hearing Date: January 17, 2023 Hearing dates and times vary by department. The advantage of filing in Los Angeles County Superior Court is the convenient access to the court for individuals living in southern California. This defect is capable of remedy through amendment. 10 Respondent ) Presiding: MARIA EVANGELISTA 9 EDGAR R GUZMAN, ) Department: 403 Click here to see information about how the transition will happen in each case type. 6 MICHAEL JOHN NAPOLITANA, ) Case Number: FDI-18-790530 Vis 2 County of San Francisco County Superior Court hears law and motion matters, all. Humboldt, San Mateo same controversy shall be filed in the same controversy shall be filed in the same )! Receivers cases - San Joaquin civil Department 180 E Weber Ave., 200... Entered issue sanctions and evidence sanctions City of Los Angeles County Superior Court Judge Ulmer. 1995 ) 40 Cal.App.4th 651, 657 meet and confer process is concurrently filed herewith s website after days... Superior Court hears law and motion matters, including all writs and receivers cases of... 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san francisco superior court law and motion